Can your land be searched? Western conference session details Fourth Amendment and ag
“The open fields doctrine means that private land can be searched without warrant or probable cause. This leaves many Americans questioning their rights. We’ve seen it time and time again.” —Robert Frommer
By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture
March 24, 2025
Fast facts:
- Session at Western conference focuses on warrantless search of ag lands
- Institute for Justice Senior Attorneys Robert Frommer and Joshua Windham will present
- Registration is online, livestream available
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Download related photos of Frommer and Windham
FAYETTEVILLE, Ark. — Two crowd-favorite presenters are returning to speak at a national agricultural conference — this time out West.
Senior Attorneys Robert Frommer and Joshua Windham of the Institute for Justice will present on the Fourth Amendment and agriculture at the 3rd Annual Western Water, Agricultural, and Environmental Law Conference. The two previously spoke in 2024 at the 11th Annual Mid-South Agricultural and Environmental Law Conference.
This year, the Western is co-hosted by the National Agricultural Law Center, or NALC, and the National Association of State Departments of Agriculture Foundation, or NASDA Foundation. Frommer and Windham will discuss the “Fourth Amendment and Agriculture: Warrantless Access to Ag & Private Rural Lands.” The conference is June 19-20 in Reno, Nevada, with a livestream option available. Registration is available at nationalaglawcenter.org/western2025.
The Fourth Amendment of the U.S. Constitution guarantees “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” However, Frommer and Windham have found that most private ag land in the country is unprotected by the Fourth Amendment.
“Thanks to the open fields doctrine, which was established in the 1924 Supreme Court case Hester v. United States, a majority of private agricultural land in the U.S. is unprotected by the Fourth Amendment,” said Frommer. “The open fields doctrine means that private land can be searched without warrant or probable cause. This leaves many Americans questioning their rights. We’ve seen it time and time again.”
A 2024 study co-authored by Windham for the Cato Institute stated that about 1.2 billion acres of U.S. private land is essentially open to warrantless government access.
“Almost 96 percent of private land in the U.S. can be searched without a warrant,” Windham said. “Robert and I have handled many cases involving farmers who have had their land searched without a warrant or probable cause. We’re looking forward to discussing this critical topic at the 3rd Annual Western. The information is crucial for agricultural stakeholders in Western states as well.”
Harrison Pittman, director of the NALC, said that Frommer and Windham distill important legal issues into effective, engaging presentations.
“Robert and Joshua are excellent presenters, as our attendees from last year’s Mid-South conference know,” he said. “We’re happy they’ll be sharing their expertise at the Western. The topic of warrantless search is relevant for stakeholders out West and beyond, and I know attendees will learn a lot from this presentation.”
The Western conference features continuing legal education credit, as well as continuing education from the American Society of Farm Managers and Rural Appraisers.
For information about the NALC, visit nationalaglawcenter.org. The NALC is also on X, Facebook and LinkedIn. Subscribe online to receive NALC Communications, including webinar announcements, the NALC’s Quarterly Newsletter, and The Feed.
About the National Agricultural Law Center
Created by Congress in 1987, the National Agricultural Law Center serves as the nation’s leading source of agricultural and food law research and information. The NALC works with producers, agribusinesses, state and federal policymakers, lenders, Congressional staffers, attorneys, land grant universities, students, and many others to provide objective, nonpartisan agricultural and food law research and information to the nation’s agricultural community.
The NALC is a unit of the University of Arkansas System Division of Agriculture and works in close partnership with the USDA Agricultural Research Service, National Agricultural Library.
About the NASDA Foundation
The NASDA Foundation is the only educational and research organization that directly serves the nation’s state departments of agriculture. It is a 501(c)(3) nonprofit organization. The mission of the NASDA Foundation is to advance agriculture to shape a changing world.
For more information on the NASDA Foundation, visit nasda.org/nasda-foundation. The NASDA Foundation is also on X, Facebook, and LinkedIn.
About the Division of Agriculture
The University of Arkansas System Division of Agriculture’s mission is to strengthen agriculture, communities, and families by connecting trusted research to the adoption of best practices. Through the Agricultural Experiment Station and the Cooperative Extension Service, the Division of Agriculture conducts research and extension work within the nation’s historic land grant education system.
The Division of Agriculture is one of 20 entities within the University of Arkansas System. It has offices in all 75 counties in Arkansas and faculty on three campuses.
The University of Arkansas System Division of Agriculture offers all its Extension and Research programs to all eligible persons without regard to race, color, sex, gender identity, sexual orientation, national origin, religion, age, disability, marital or veteran status, genetic information, or any other legally protected status, and is an Affirmative Action/Equal Opportunity Employer.
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Media contact:
Drew Viguet
Communications & Special Projects Coordinator
National Agricultural Law Center
dviguet@uark.edu